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Archive for the ‘Chicago workers comp lawyer’ tag

Workers’ Compensation and Suing Your Employer

November 30th, 2020 at 11:16 pm

IL work injury lawyer, IL workers comp attorneyIn an average year, around 3 million people suffer injuries in the course of doing their jobs across the country. These injuries cost companies tens of billions of dollars, including both lost productivity and the costs of treating the workers’ injuries. In Illinois, as in all other states, a workers’ compensation program was developed to help injured employees by providing benefits to cover medical expenses, retraining costs, and even a percentage of the wages lost due to their injuries. While workers’ compensation is available in most cases in which the injured worker is an employee, many people are often curious if they can sue their employer in pursuit of additional compensation.

Workers’ Compensation and Fault

According to the Illinois Workers’ Compensation Commission, the state’s work comp program is entirely a no-fault system that is intended to protect injured employees. The program’s benefits are usually payable regardless of who caused the injury or whether negligence was a factor. In fact, an employee could even collect workers’ comp benefits if he or she caused his or her own injuries through carelessness. If injured workers had to prove that their injuries were caused by negligence by their employers or any other parties, the state’s work comp program would pay on far fewer claims, leading to thousands of injured employees with no income and no recourse.

For example, if you were at work and performing a task on a ladder—a ladder that was maintained properly and in proper working condition—and you turned to reach something above your head, could you accuse your employer of being negligent if you fell? Under the workers’ compensation program in Illinois, the answer to that question is of no consequence. Workers’ comp benefits would likely be available for your injuries.

Express Limits on Suing Your Employer

The Illinois Workers’ Compensation Act is the law the primarily governs the workers’ compensation program in the state. This law explicitly states that a person who subject to the law and eligible to claim work comp benefits does not have any “common law or statutory right” to file a lawsuit against his or her employer for losses caused by the injury. There are some exceptions to this law, but they are very limited. For example, if you were physically attacked by your employer, for example, you would be entitled to sue your employer. You might also be able to sue if your employee intentionally engages in conduct that is highly likely to cause serious injury or death to workers, but such cases are exceedingly rare. Generally, if you are hurt on the job, you do not have the option of suing your employer.

An Illinois Workers’ Compensation Lawyer Can Help

If you have suffered an injury in the course of doing your job and you have questions about collecting workers’ comp benefits, contact a Chicago workers’ compensation benefits attorney to get the answers you need. Call 630-574-2288 for a free consultation at the Law Offices of Francis J. Discipio today. We have the experience and resources to help you get the resources you need to start putting your life back together.

 

Sources:

https://www.bls.gov/news.release/pdf/osh.pdf

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

How Long Can I Collect Workers’ Compensation Benefits?

July 16th, 2020 at 11:06 pm

IL job injury attorney, Illinois workers comp lawyerAn injury can result in pain and suffering, a heap of medical bills, and/or other damages. To help those who have suffered an injury stay afloat, the state of Illinois passed the Illinois Workers’ Compensation and Occupational Diseases Act. Due to the complexity of the bill and the nature of the injury suffered, it is important to consult with a workers’ compensation attorney.

An Overview

Workers’ compensation is a system of the state law that requires employers to pay or have insurance that pays for any injuries that result while on the job. If you have suffered a work-related injury, you are most likely covered under workers’ compensation as long as you are an employee. Those covered include:

  • Full  and part-time employees
  • Minors
  • Undocumented immigrant workers

In order to be eligible for benefits, you must establish the injury happened as a result of your employment and occurred during working hours.

Workers’ Compensation Categories

The amount of time an injured worker may collect benefits for depends on the severity of the injury. Within the Illinois Workers’ Compensation and Occupational Diseases Act, an injury can fall into one of four categories:

  1. Temporary partial disability: TPD includes those who sustained a work-related injury that only temporarily limits their ability to work.
  2. Temporary total disability: TTD pertains to cases in which a worker is disabled for a period of time, but is expected to recover and return to work. The length of compensation solely depends on the length of time away from work.
  3. Permanent partial disability: Similar to permanent total disability, permanent partial disability incorporates an extended period of benefits. However, some work must still be performed. The benefits earned may replace the ones that were previously lost, even though additional ones may be gained.
  4. Permanent total disability: Permanent total disability refers to those who are no longer able to return to work whatsoever. Indefinite benefits will provide on behalf of the inability to work.

The amount of benefits you receive can depend on your average weekly wage at the time of the injury.

Contact an Illinois Workers’ Compensation Attorney Today

If you have suffered a work-related injury, you may be eligible for compensation. Contact a Chicago workers’ compensation attorney from the Law Offices of Francis J. Discipio, and allow us to calculate your eligibility and the level of benefits you deserve. Call our office at 630-574-2288 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Work Injuries Increase During the Summertime

June 30th, 2020 at 10:19 pm

IL work injury lawyer, Ilinois workers comp attorney, Facing an injury is never easy, even when you have workers’ compensation benefits to count on. According to reports from the Bureau of Labor Statistics (BLS), employees experience more work injuries during the summer months of June, July, and August than any other time of the year. Some risks are weather-related, while others are not. These are the four most common injuries that arise the most during the summer and those the biggest threat to workers.

  1.   Heatstroke. Warm weather and intense physical labor can be a recipe for disaster. Working in the sun and extreme heat can cause the body to shut down. To prevent heatstroke, workers should work close to a shaded area, drink plenty of water, and take frequent breaks.
  2.   Dehydration. In line with heat stroke, dehydration is another common summer injury. Signs of dehydration include dry skin, headaches, and fatigue. This can be prevented by drinking plenty of water, keeping an extra supply on hand, and having additional employees nearby to remind you to stop and take a drink every 10-15 minutes.
  3.   Falls. Falls occur throughout the year but have been shown to increase in the summer. Proper footwear and harnesses, as well as extreme alertness, are no match against falls, which can cause serious injury or even death. Having routine safety meetings, inspecting and replacing equipment, and acclaiming to the weather can decrease the chance of injury.
  4.   Sprains, strains, and tears. Symptoms of sprains, strains, and tears can vary. Typically, pain and swelling will result, and you may feel off balance. If you believe you have a sprain, strain, or tear, be sure to seek immediate medical attention, as improper treatment may lead to a decrease in range of motion, constant discomfort, and instability.

Aside from these four common summertime injuries, there are many more that pose constant threats to workers. To prevent injury exposure, it is important to take the appropriate safety measures at all times.

Contact an Illinois Workers’ Compensation Attorney Today

No matter what time of year it is, it is important to contact a Chicago workers’ compensation attorney if you have suffered a work-related injury. An attorney from the Law Office of Francis J. Discipio can walk you through the entire process, and help you receive the maximum amount of benefits. Call our office at 630-574-2288 to schedule your free consultation today.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://www.bls.gov/osmr/research-papers/2013/pdf/st130230.pdf

 

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